Minutes_City Council Proceedings 8 2 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on August 2, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg
(Via Conference Phone), City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Pastor Kristian Kincaid, Our Redeemer Lutheran Church
PROCLAMATIONS
United Way Campaign Time (August 2010) was accepted by Campaign Co-Chair Judy
Wolf; Responsible Gaming Education Week (August 2-6, 2010) was accepted by Joey
Anderson from the Mystique Casino and Scott Cooper from the Diamond Jo Casino.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Lynch. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/25,
6/10 and 6/16; City Council of 7/19; Library Board of Trustees of 4/22; Historic Preservation
Commission of 7/15; Housing Commission of 5/25
Library Board of Trustees Update from the Meeting of July 22, 2010
Proof of publication of City Council Proceedings of July 6, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle
damage; Gayle Walter for personal injury; Karen L. Candee for property damage; Jennifer
Bries for vehicle damage; Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle
damage; Neil and Beth Pitman for property damage; Dan and Lori Dolphin for property
damage; Dorothy L. Lester vs. City of Dubuque, an Iowa Municipal Corporation. Upon motion
the documents were received, filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Stephanie Schadl for
personal injury/property damage; Erin Fitzsimmons for vehicle damage; Tom Juergens for
personal injury; Gayle Walter for personal injury; Jennifer Bries for vehicle damage; Neil
Pitman for property damage. Upon motion the documents were received, filed and concurred.
First Half of 2010 Weed Assessments: City Manager recommending approval of the levy of
special assessments for the first half of the 2010 Weed Enforcement Program in the total
amount of $1,372.15. Upon motion the documents were received and filed and Resolution No.
279-10 Adopting the schedule of assessments for the first half of the 2010 Weed Enforcement
Program and directing the City Clerk to certify the schedule of assessments to the County
Treasurer and to publish notice thereof was adopted.
Highway 61 / 151 South Water Main Extension Project: City Manager recommending
acceptance of the Highway 61 / 151 South Water Main Extension Project as completed by
McClain Excavating Company, Inc. in the final contract amount of $117,084.26. Upon motion
the documents were received and filed and Resolution No. 280-10 Accepting the Highway 61 /
151 South Water Main Extension project and authorizing payment of the contract amount to
the contractor was adoped.
Friends of the Mines of Spain Historic District Public Improvement Program (HDPIP)
Request: Historic Preservation Commission recommending approval of $25,000 in Historic
District Public Improvement Program (HDPIP) funds for the Junkermann Farm and Meskwaki
Interpretive Exhibits as part of the Mines of Spain Exhibit and Education Program. Upon
motion the documents were received, filed, and approved.
Operation: New View: Communication from Tom Stovall, Operation: New View, thanking the
City Council for their support of the $18,805 Purchase of Service contract. Upon motion the
document was received and filed.
Novell Multi-Year Support Agreement: City Manager recommending approval of a three-
year Novell software licensing and support agreement as proposed by Arrow Enterprise
Computing Solutions, Inc. Upon motion the documents were received, filed, and approved.
IA 32 and Asbury Road Turn Lane Improvements Project: City Manager recommending
approval of the award of the contract for the IA 32 and Asbury Road Turn Lane Improvements
Project to Eastern Iowa Excavating and Concrete, LLC, in the amount of $410,312.15. Upon
motion the documents were received and filed and Resolution No. 281-10 Awarding public
improvement contract for the IA 32 and Asbury Road Turn Lane Improvements Project was
adopted.
US 52 Traffic Flow Enhancement Project: City Manager recommending approval of the
award of the contract for the US 52 Traffic Flow Enhancement Project to Portzen Construction,
Inc., in the amount of $970,792.42. Upon motion the documents were received and filed and
Resolution No. 282-10 Awarding public improvement contract for the US 52 Traffic Flow
Enhancement Project was adopted.
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Central Avenue Water Main (21 to 32 Street) Project: City Manager recommending
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approval of the award of the contract for the Central Avenue Water Main (21 to 32 Street)
Project to Drew Cook & Sons Excavating Co. Inc., in the amount of $492,512.00. Upon motion
the documents were received and filed and Resolution No. 283-10 Awarding public
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improvement contract for the Central Avenue Water Main (21 to 32 Street) Project was
adopted.
Bus Wrap Advertising: City Manager recommending that all of the responses to the Request
for Proposals for bus wrap advertising be rejected and that a local plan be implemented. Upon
motion the documents were received, filed, and approved.
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Proceedings to Direct Advertisement for the Sale of Water Revenue Bonds: City Manager
recommending approval to advertise the sale of $5,700,000 Water Revenue Bonds and
approve electronic bidding procedures and the form of notice of sale. Upon motion the
documents were received and filed and Resolution No. 284-10 Directing the advertisement for
sale of $5,700,000 Water Revenue Bonds was adopted.
Request for Proposals – Structural Modifications to Floodwall Levee: City Manager
recommending approval of the issuance of a Request for Proposals for structural analysis of
the Dubuque levee and floodwall system in accordance with the levee certification
requirements of the National Flood Insurance Program regulations. Upon motion the
documents were received, filed, and approved.
Purchase of Property – Hwy 151 & 61 Development, LLC and SB Development, LLC: City
Manager recommending acceptance of the Warranty Deeds from Hwy 151 & 61 Development,
LLC and SB Development, LLC for acquisition of right-of-way for the Bee Branch Creek Sewer
Project. Upon motion the documents were received and filed and Resolution No. 285-10
Accepting the deed to certain real estate in Dubuque County, Iowa from Hwy 151 & 61
Development, LLC; and Resolution No. 286-10 Accepting the deed to certain real estate in
Dubuque County, Iowa from SB Development, LLC, were adopted.
Dubuque 2.0: Communication from Justin Thiltgen, Director – Dubuque 2.0, providing an
update on Dubuque 2.0. Upon motion the document was received and filed.
Federal Transit Administration: City Attorney providing the requisite opinion of counsel for
the benefit of the Federal Transit Administration in connection with the application of the City
for Federal transportation assistance. Upon motion the document was received and filed.
Federal Emergency Management Agency (FEMA): Communication from Senator Charles
Grassley thanking the City for providing his staff with an update on the status of the work with
the Federal Emergency Management Agency (FEMA) regarding the City’s preliminary flood
plain map. Upon motion the document was received and filed.
City Development Board: Communication from the City Development Board providing notice
of meeting to reconsider voluntary annexation in the matter of the City of Asbury voluntary
annexation including non-consenting owners within the urban area of the City of Dubuque.
Upon motion the documents were received and filed.
Office of the City Assessor: Communication from Richard A. Engelken, City Assessor,
advising that the Board of Review has one appeal before the Property Assessment Appeal
Boards in Des Moines and four appeals before the Iowa District Court. Upon motion the
document was received and filed.
Quarterly Investment Report: City Manager transmitting the June 30, 2010 Quarterly
Investment Report. Upon motion the documents were received and filed.
Iowa Department of Transportation – Local Road Detour Agreement: City Manager
recommending approval for the Mayor to execute an agreement with the Iowa Department of
Transportation for the use of local roads as an authorized detour route for the Central Avenue
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(21 – 32 Street) Water Main Project. Upon motion the documents were received and filed
and Resolution No. 287-10 Approving the Iowa Department of Transportation Agreement for
use of local agency roads as detours for the Central Avenue (US 52) Water Main Project was
adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
73 CHS Forward, LLC – Development Agreement: City Manager recommending that a
public hearing be set for August 16, 2010 to consider entering into a Development Agreement
with 73 CHS Forwards, LLC on the property located at 299 Main Street, the former Cooper
Wagon Works building. Upon motion the documents were received and filed and Resolution
No. 288-10 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa
on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the
execution of a Development Agreement relating thereto with 73 CHS Forwards, LLC, and
providing for the publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building.
Southwest Arterial Project: North Cascade Road Reconstruction: City Manager
recommending that a public hearing be set for August 16, 2010 on the North Cascade Road
Reconstruction Project (Phase I of the Southwest Arterial Project). Upon motion the
documents were received and filed and Resolution No. 289-10 Setting date of public hearing
on plans, specifications, form of contract and estimated cost for the Southwest Arterial Project:
North Cascade Road Reconstruction was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Historic Preservation Commission: One 3-year term through
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July 1, 2013, (Term of Whalen) West 11 Street Historic Preservation District resident
requirement. Applicant: Dr. John Whalen, 1105 Highland Place. Dr. Wahlen spoke in support
of his appointment.
Appointments to the following Boards/Commissions:
Housing Commission: Three 3-year terms through August 17, 2013 (Terms of Eddy, Root
and Schwendinger). Applicants: Barbara Fischer, 617 Lincoln Avenue; Judy Root, 1008
Walnut Street; and Dorothy Schwendinger, OSF, 3525 Windsor Avenue. Motion by Braig to
appoint Judy Root and Dorothy Schwendinger to the Housing Commission for 3-year terms
through August 17, 2013. Seconded by Jones. Motion carried 7-0. Ms. Fischer was not
appointed.
Transit Advisory Board: One 3-year term through July 30, 2011 (Vacant term of Croissant).
One 3-year term through July 30, 2013 (Term of Scharnau). Applicants: Ruth Scharnau, 2905
Wilderness Drive; and Lu Ann Schmidt, 3395 Jackson Street. Motion by Jones to appoint Ruth
Scharnau to a 3-year term through July 30, 2013 and Lu Ann Schmidt to a 3-year term through
July 30, 2011. Seconded by Resnick. Motion carried 7-0.
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PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Vacating Petition – Portion of Cox Street: Proof of publication on notice of public hearing to
consider a request from Loras College President Jim Collins to vacate and purchase a portion
of Cox Street and City Manager recommending approval.
City Manager providing follow-up to the questions asked about the possible vacation of Cox
Street.
Communications from Michael and Jackie Mulgrew, Ray Martelle, Bob Selle, Giles Ede and
Carol Nestby in opposition to the proposed closing of Cox Street.
Communication from Roman and Nancy Ciapalo, 1209 Highland Place, in support of the
vacating and disposal of a portion of Cox Street to Loras College.
Communication from James E. Collins, President – Loras College, regarding the proposal to
vacate and purchase a portion of Cox Street.
Communication from Tom Hoelscher in opposition to the vacating and sale of a portion of
Cox Street to Loras College.
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Communications from Anne Callan Vaassen, 611 W 17 Street; Travis Fishnick, 615
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Angella Street; and Julie Lembke, 611 W. 17 Street.
Motion by Connors to receive and file the documents and adopt Resolution No. 290-10
Approving the plat of proposed vacated portion of Cox Street from Loras Boulevard to West
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17 Street, Resolution No. 291-10 Vacating a portion of Cox Street from Loras Boulevard to
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West 17 Street, and Resolution No. 292-10 Disposing of City interest in Lot 1A of City Lot 741
in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig.
Loras College President Jim Collins spoke in support of the petition citing the economic and
community benefits of the proposal and provided additional conceptual renderings. Mr. Collins
stated there would be no City responsibility for the referenced retaining wall and portion of Cox
Street. Pat Crahan, University of Dubuque Finance Committee Chair; Chamber of Commerce
President Molly Grover; Greater Dubuque Development Director Rick Dickinson; Derek
Oberding, 1950 Lagen Street; Dave Bunting, 903 Kirkwood Street; and Bennett Cook, 1395
Alta Vista Street, spoke in support of the proposal citing its economic impact, community
benefits, and the cooperation of Loras College. Tom Hoelscher, 780 Angella Street, Giles Ede,
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590 W. 17 Street; Joanne Jaeger, 725 Angella Street; Beverly Bettcher, 669 W. 16; and
Steve Halfhill, 1785 Alta Vista Street, spoke in opposition to the proposal citing difficult winter
access involving snow and ice removal, limited emergency vehicle access, limited parking,
driver and pedestrian safety issues, and bus traffic. Mr. Collins provided a rebuttal related to
the traffic study, street upgrade costs, retaining wall liability, student behavior, and additional
concessions. Responding to questions from City Council, City Manager Van Milligen stated
that the proposed street improvement projects in the area are currently not assessable
projects.
Following City Council discussion, Resnick moved to amend the original motion withholding
the sale and closing of Cox Street until Priority #1 street projects as recommended by the City
Engineer are completed. Motion failed for lack of a second. Original motion carried 7-0.
Dubuque County Historical Society Lease for Mississippi Plaza Property: Proof of
publication on notice of public hearing to consider the Fourth Amendment to the Lease
Agreement with the Dubuque County Historical Society for the National Mississippi River
Museum and Aquarium and the new National River Center and City Manager recommending
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that this item be tabled to August 16, 2010 upon completion of the public hearing. Motion by
Jones to receive and file the documents and table to August 16, 2010. Seconded by Braig.
Dubuque County Historical Society Executive Director Jerry Enzler spoke in support of the
request and citing the need for improvements and the significant investment by the DCHS.
Motion carried 7-0.
Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to
consider the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes and
City Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 293-10 Instituting proceedings to take additional action for the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$65,000,000 Sewer Revenue Capital Loan Notes. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Sale of General Obligation Bonds: City Manager advising that the results of the sale of
$4,470,000 General Obligation Bonds, Series 2010A; $2,675,000 Taxable General Obligation
Urban Renewal Bonds, Series 2010B; and $2,825,000 General Obligation Urban Renewal
Bonds, Series 2010C will be brought to the August 2, 2010 City Council meeting for approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 294-10 Directing
sale of General Obligation Bonds, Series 2010A; Resolution No. 295-10 Directing sale of
Taxable General Obligation Urban Renewal Bonds, Series 2010B; Resolution No. 296-10
Directing sale of General Obligation Urban Renewal Bonds, Series 2010C; and Resolution No.
297-10 Authorizing the redemption of the outstanding General Obligation Bonds, Series
2002B, dated March 1, 2002, of the City of Dubuque, Iowa, and directing Notice of
Redemption. Seconded by Connors. PFM Senior Managing Consultant Tionna Pooler
provided a summary of the bond sale. Motion carried 7-0.
Sunset Ridge Reconstruction Project – Motion to Reconsider: Council Member Braig
requesting that the July 19, 2010 vote on the motion to approve the Sunset Ridge
Reconstruction Project be reconsidered. Motion by Braig to receive and file the documents and
reconsider the Sunset Ridge Reconstruction Project. Seconded by Lynch. Motion carried 7-0.
Sunset Ridge Reconstruction Project: Communication from Steve Conlon, 655 Sunset
Ridge, advising that the majority of residents of Sunset Ridge would like to rescind their
opposition to sidewalk installation and request that the City Council approve the Sunset Ridge
Reconstruction Project.
Communication from Jeff Eddy, 565 Sunset Ridge, in objection to the installation of
sidewalks.
City Manager recommending approval of the Sunset Ridge Reconstruction Project with a
revised project schedule.
Motion by Braig to receive and file the documents and adopt Resolution No. 298-10
Approving plans, specifications, form of contract, and estimated cost for the Sunset Ridge
Reconstruction Project, Resolution No. 299-10 Resolution with respect to the adoption of the
Resolution of Necessity for the Sunset Ridge Reconstruction Project, and Resolution No. 300-
10 Approving schedule of assessments and estimate of total cost for the Sunset Ridge
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Reconstruction Project. Seconded by Connors. Braig read a short summary of the project’s
history. Motion carried 7-0.
Trash and Ash Cans on Public Right-of-Way: City Manager recommending approval of
general guidelines for ash and trash cans placed on public right-of-way. Motion by Jones to
receive and file the documents and approve the recommendation. Seconded by Connors.
Connors questioned the number of cans required vs. the number of building entrances. Lynch
opposed the measure stating it should not be forced upon business owners. Voetberg stated
it’s a solution to a non-existent problem. Resnick questioned the safety of possibly combining
ash and trash. Van Milligen stated that the guidelines would regulate the public right-of-way
and not private business property. City Engineer Gus Psihoyos stated that compliance would
be complaint driven and that the standards would be enforced through the Engineering
Department. Motion failed 3-4 with Voetberg, Braig, Buol and Lynch voting nay.
Repeal of Cell Phone Ordinance: City Manager recommending that the cell phone
ordinance be repealed due to the adoption of State legislation on texting and cell phone use.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-1
with Buol voting nay.
Motion by Jones for final consideration and passage of Ordinance No. 45-10 Repealing
Ordinance No. 11-10 Prohibiting the Use of an Electronic Communications Device While
Operating a Motor Vehicle. Seconded by Resnick. Buol stated he believed the City’s Ordnance
was appropriate. Motion carried 6-1 with Buol voting nay.
Fiscal Year 2011 Dubuque County REAP Plan: City Manager recommending approval of
the City of Dubuque’s update of the Fiscal Year 2011 Dubuque County REAP Plan, submittal
of the Fiscal Year 2011 REAP grant application for installation of the Iowa 32 Bike / Hike Trail
– Phase 4 Project and appointment of a City Council representative (currently Council Member
Joyce Connors) to the REAP Committee. Motion by Jones to receive and file the documents
and adopt Resolution No. 301-10 Authorizing REAP Grant application to Iowa Department of
Natural Resources for Iowa 32 Bike/Hike Trail (Phase 4) and appoint Council Member Joyce
Connors as representative. Seconded by Lynch. Motion carried 7-0.
2009 International Fire Code: City Manager recommending approval of the adoption of the
2009 International Fire Code published by the International Code Council, Inc. Motion by
Jones to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 46-10 Amending City
of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article E Fire Code and Regulations by repealing such section and adopting a new
Title 14, Chapter 1, Article E, Sections 1 through 5 which adopt the International Fire Code,
2009 Edition, amends the International Fire Code, 2009 Edition, as adopted, and provides for
enforcement, addresses emergent situations, and provides discretion to the Fire Chief.
Seconded by Resnick. Motion carried 7-0.
COUNCIL MEMBER REPORTS
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Buol reported that he had received many great comments from RAGBRAI visitors and
participants.
Resnick thanked Dubuque citizens for the good reception provided to RABGRAI
participants.
Jones acknowledged the work of City staff on this year’s RAGBRAI.
Braig acknowledged the Boy Scouts in attendance.
Voetberg reported that the get-well cards and letters he has received are greatly
appreciated.
PUBLIC INPUT
Phil French, 1025 Rockdale Road, expressed his comments and suggestions regarding
public safety including police walking the streets, 24-hour park patrol, encourage people to
stick together and get to know their neighbors, increased diversity on the Police Department,
loud music, drug paraphernalia found near schools, offensive public appearance of citizens,
people and police are afraid to walk downtown, and believes taxpayers are not represented
and are frustrated.
There being no further business, upon motion the City Council adjourned at 8:52 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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